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(영문) 대구지방법원 김천지원 2015.02.05 2014고단1442
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2008, the Defendant was issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 1,500,000 as a fine for the same crime in the same court on December 12, 2013, respectively.

On November 22, 2014, the Defendant, who had driven two or more times, driven D rocketing car with a blood alcohol concentration of about 0.201% without a car driver’s license from the front of the restaurant where it is impossible to know the trade name in the old Sinsidong on November 22, 2014 to the front of the pharmacy in the 21st century in the Gu/Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of non-licenses and driving without a license, report on the driving, report on the status of a driver with a driving, on-site photographs, and on the register of

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (report on the confirmation of criminal records of the same kind);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the degree of discretionary mitigation, detection process, the same kind of power, and the timing of final punishment due to unauthorized driving; however, there is no accident that seriously caused the crime as indicated in the judgment; (ii) the current vehicle is disposed of by the vehicle as indicated in the judgment and is commuting to and from work for bicycles; (iii) there is no criminal record of suspended execution or more; (iv) a confession of the crime and reflect in depth; and (v) other factors, such as the Defendant’s relationship of old-age and old-age, and the head of the workplace who has faithfully worked for 15 years;

1. Article 62 (1) of the Criminal Act;

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